By: Dale, et al.	H.B. No. 939
	(Senate Sponsor - Taylor of Galveston)
	(In the Senate - Received from the House May 11, 2015;
	May 12, 2015, read first time and referred to Committee on Business
	and Commerce; May 22, 2015, reported favorably by the following
	vote:  Yeas 8, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to unenforceable restrictive covenants regarding standby
	electric generators affecting residential homes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 202, Property Code, is amended by adding
	Section 202.019 to read as follows:
	Sec. 202.019.  STANDBY ELECTRIC GENERATORS. (a) In this
	section, "standby electric generator" means a device that converts
	mechanical energy to electrical energy and is:
	(1)  powered by natural gas, liquefied petroleum gas,
	diesel fuel, biodiesel fuel, or hydrogen;
	(2)  fully enclosed in an integral
	manufacturer-supplied sound attenuating enclosure;
	(3)  connected to the main electrical panel of a
	residence by a manual or automatic transfer switch; and
	(4)  rated for a generating capacity of not less than
	seven kilowatts.
	(b)  Except as provided by this section, a property owners'
	association may not adopt or enforce a dedicatory instrument
	provision that prohibits, restricts, or has the effect of
	prohibiting or restricting an owner from owning, operating,
	installing, or maintaining a permanently installed standby
	electric generator.
	(c)  A property owners' association may adopt or enforce any
	of the following dedicatory instrument provisions to regulate the
	operation and installation of standby electric generators:
	(1)  a dedicatory instrument provision that requires a
	standby electric generator to be installed and maintained in
	compliance with:
	(A)  the manufacturer's specifications; and
	(B)  applicable governmental health, safety,
	electrical, and building codes;
	(2)  a dedicatory instrument provision that requires
	all electrical, plumbing, and fuel line connections to be installed
	only by licensed contractors;
	(3)  a dedicatory instrument provision that requires
	all electrical connections to be installed in accordance with
	applicable governmental health, safety, electrical, and building
	codes;
	(4)  a dedicatory instrument provision that requires
	all natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line
	connections to be installed in accordance with applicable
	governmental health, safety, electrical, and building codes;
	(5)  a dedicatory instrument provision that requires
	all liquefied petroleum gas fuel line connections to be installed
	in accordance with rules and standards promulgated and adopted by
	the Railroad Commission of Texas and other applicable governmental
	health, safety, electrical, and building codes;
	(6)  a dedicatory instrument provision that requires
	nonintegral standby electric generator fuel tanks to be installed
	and maintained to comply with applicable municipal zoning
	ordinances and governmental health, safety, electrical, and
	building codes;
	(7)  a dedicatory instrument provision that requires
	the standby electric generator and its electrical lines and fuel
	lines to be maintained in good condition;
	(8)  a dedicatory instrument provision that requires
	the repair, replacement, or removal of any deteriorated or unsafe
	component of a standby electric generator, including electrical or
	fuel lines;
	(9)  a dedicatory instrument provision that requires an
	owner to screen a standby electric generator if the standby
	electric generator is:
	(A)  visible from the street faced by the
	dwelling;
	(B)  located in an unfenced side or rear yard of a
	residence and is visible either from an adjoining residence or from
	adjoining property owned by the property owners' association; or
	(C)  located in a side or rear yard fenced by a
	wrought iron or residential aluminum fence and is visible through
	the fence either from an adjoining residence or from adjoining
	property owned by the property owners' association;
	(10)  a dedicatory instrument provision that sets
	reasonable times, consistent with the manufacturer's
	recommendations, for the periodic testing of a standby electric
	generator;
	(11)  a dedicatory instrument provision that prohibits
	the use of a standby electric generator to generate all or
	substantially all of the electrical power to a residence, except
	when utility-generated electrical power to the residence is not
	available or is intermittent due to causes other than nonpayment
	for utility service to the residence;
	(12)  a dedicatory instrument provision that regulates
	the location of the standby electric generator; or
	(13)  a dedicatory instrument provision that prohibits
	an owner from locating a standby electric generator on property:
	(A)  owned or maintained by the property owners'
	association; or
	(B)  owned in common by the property owners'
	association members.
	(d)  A dedicatory instrument provision permitted by
	Subsection (c), if adopted, must be reasonably applied and
	enforced.
	(e)  A dedicatory instrument provision that regulates the
	location of a standby electric generator is unenforceable if:
	(1)  it increases the cost of installing the standby
	electric generator by more than 10 percent; or
	(2)  it increases the cost of installing and connecting
	the electrical and fuel lines for the standby electric generator by
	more than 20 percent.
	(f)  If a dedicatory instrument requires that the
	installation of a standby electric generator be approved before
	installation, approval may not be withheld if the proposed
	installation meets or exceeds the dedicatory instrument provisions
	permitted by Subsection (c).
	(g)  If a dedicatory instrument provision requires an owner
	to submit an application for approval of improvements located
	exterior to a residence, this section does not negate the
	requirement, but the information required to be submitted as part
	of the application for the installation of a standby electric
	generator may not be greater or more detailed than the application
	for any other improvement.
	(h)  In a hearing, action, or proceeding to determine whether
	a proposed or installed standby electric generator complies with
	the requirements of a dedicatory instrument provision permitted by
	Subsection (c), the party asserting noncompliance bears the burden
	of proof.
	(i)  The installation of a standby electric generator by a
	licensed contractor or the acceptance of the installation of a
	standby electric generator, or any of its components, by a
	political subdivision is conclusive proof that the standby electric
	generator and its components were installed in compliance with
	Subsection (c).
	SECTION 2.  Section 202.019, Property Code, as added by this
	Act, applies to a dedicatory instrument adopted before, on, or
	after the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.
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